General terms and conditions

Corporate customers General terms and conditions of delivery and payment

1. conclusion of contract
a) We only conclude supply contracts subject to the following terms and conditions, even if we do not expressly refer to them in the case of an ongoing business relationship.
b) Our offers are subject to change. We are only obligated in accordance with our written order confirmation. Amendments and supplements must be made in writing.
c) We only work on the basis of standardized drawings provided to us by the customer. If the customer does not have technical documents of the required quality, we can create drawing documents which are then approved in writing by the customer for production. Until then, all our quotations and order confirmations shall have pro forma status.
d) The customer's terms and conditions of purchase shall only apply if they have been accepted by us in writing.

2. prices
a) All prices are ex works plus postage and VAT unless expressly agreed otherwise.
b) The supplier is entitled to make a reasonable price increase if, after conclusion of the contract, changes occur in raw material or auxiliary material prices, in wages and salaries, in freight or in public charges.
c) Any packaging requested or deemed necessary by the supplier shall be invoiced.

3. delivery and acceptance obligations
a) Delivery periods begin as soon as all details of execution have been clarified and the customer has fulfilled all requirements. Delivery periods are non-binding. The day of delivery is the day of dispatch. However, if dispatch is delayed through no fault of our own, the day on which the goods are made available shall be deemed to be the delivery day. Even in the case of agreed delivery dates, we shall only be in default by issuing a reminder. Partial deliveries are permissible. These shall be invoiced in accordance with the agreed invoice and payment terms. We will only make the following partial deliveries if the previous ones have been paid within the agreed payment period.
b) If we are prevented from delivering on time due to disruptions in our or our subcontractors' operations, e.g. machine or tool breakage, building damage caused by fire or water, which are demonstrably of considerable influence for us, or due to labor disputes, the delivery period shall be extended accordingly.
If delivery becomes impossible as a result, our obligation to deliver shall lapse to the exclusion of compensation. This also applies in particular if the delivery situation for e.g. primary materials, tools or machines changes for economic or technical reasons.
c) Call-offs are written off without obligation in accordance with the deliveries made. If a call-off is made in excess of an order, we are entitled to cancel the excess or to invoice it at the current price.
d) If the customer wishes us to carry out the necessary tests, the type and scope of the tests must be specified in writing
Testing to be agreed. The costs for this shall be borne by the customer.

Please note that the consequences of the coronavirus may cause problems in the supply chains. This may result in delivery dates being postponed.

4. shipping and transfer of risk
a) The risk is transferred to the customer when the goods leave our factory.
b) If dispatch is delayed for reasons for which the customer is responsible, the risk shall pass on the day the goods are made available. If there is a delay of more than 3 days, we may charge the customer a reasonable space rent.
c) We may request partial deliveries, particularly for orders that require a large amount of space in our production hall. This applies to the delivery of the customer profiles and the collection of the
processed components. Any additional costs shall be borne by the customer.

5. dimensions, weights and delivery quantities
We also state the dimensions and weights in our offers and order confirmations to the best of our knowledge. However, they are only approximate.

6 Liability for defects in the delivery
a) The customer must inspect the goods and notify us in writing of any defects immediately and no later than 14 days after receipt at the place of destination. Hidden defects must be reported immediately after discovery.
b) We must be given the opportunity to inspect the reported defect on site. The inspection by us must be carried out immediately if the customer demonstrates an interest in immediate settlement. Without our consent, no changes may be made to the defective goods if the warranty claim is lost.
c) In the event of demonstrable material or workmanship defects, we may, at our discretion, remedy the defect free of charge or either provide a replacement free of charge or credit the invoice value against return of goods and processing waste.
If we unjustifiably refuse to rectify a defect or supply a replacement or if this fails or if we are in default, the customer may set us a reasonable period of grace and, after this period has expired without result, demand rescission or a reduction in price at our discretion. Further claims by the customer, in particular for compensation for processing costs, installation and removal costs and for damages not relating to the delivery item itself, are excluded to the extent permitted by law. We shall also be liable for the absence of warranted characteristics with the same limitations.
d) If reference samples are sent to the customer for inspection, we shall only be liable for ensuring that the delivery is carried out in accordance with the reference sample, taking into account any corrections.
e) Warranty claims can no longer be made three months after delivery.
f) We may refuse to remedy defects as long as the customer does not fulfill his obligations.
g) Liability is excluded for customer-specific parts that were manufactured according to the customer's specifications, e.g. by means of samples, sketches or drawings.

7. general limitations of liability
In all cases in which we are obliged to pay compensation on the basis of contractual and statutory claims, we are only liable insofar as we or our vicarious agents can be accused of intent or gross negligence.

8. terms of payment
a) Our invoices for material deliveries are due before delivery.
b) The customer is not entitled to withhold or offset payments due to any counterclaims, including warranty claims, unless these claims are undisputed or have been legally established.
c) If the customer does not pay as agreed, we are entitled to charge interest at the usual bank rate from the date of default, subject to further claims.

9. reservation of title
a) We reserve title to the delivered goods until all our claims against the customer arising from the business relationship have been fulfilled. This shall also apply if the price for certain deliveries designated by the customer has been paid.
Any handling and processing shall be carried out for us without any obligation on our part and without our ownership being lost as a result. If the buyer combines our reserved goods with other goods, we shall be entitled to co-ownership of the new item in proportion to the invoice value of all combined goods.
The new item is deemed to be reserved goods within the meaning of these terms and conditions.
b) The customer is entitled to sell the reserved goods in the ordinary course of business. He is prohibited from disposing of the goods in any other way.
c) All claims accruing to the customer from the use of the reserved goods shall be assigned to us in advance. If the reserved goods are sold together with other items not belonging to us, or if they are used in the execution of contracts for work and services
used as material, the assignment shall only cover the share of the proceeds corresponding to our co-ownership.
d) The customer is only authorized to collect the assigned claims in the ordinary course of business.
e) The customer must inform us immediately of any access by third parties to the reserved goods or to the assigned claims. The customer shall bear the costs of interventions.
f) The authorization of the customer to dispose of the goods subject to retention of title and to collect the assigned claims
Claims expire in the event of non-compliance with the terms of payment and in the event of bill and check protests. In this case, we are entitled to take possession of the reserved goods. The resulting costs shall be borne by the customer. Repossession shall only constitute a withdrawal from the contract if we expressly declare this.
At our request, the customer is also obliged to provide us with the information and documents required to assert the assigned claims.

10. place of performance and jurisdiction, applicable law, severability clause
a) Place of fulfillment is Mühlacker.
b) The place of jurisdiction is, at our discretion, our registered office or the registered office of the customer; this also applies to bills of exchange and
Liabilities by check.
c) German law applies exclusively to deliveries and services. The application of the laws on the international purchase of movable goods and on the conclusion of international sales contracts for movable goods is excluded.
d) Should any of the above provisions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. Such an invalid clause shall instead be replaced by a valid clause that comes as close as possible to the economic purpose pursued by the invalid clause.
e) The right of withdrawal does not apply to contracts for the delivery of goods that are manufactured according to customer specifications or clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly.

GTC - Note for customers based in Switzerland:
For deliveries to Switzerland, the purchase contract is concluded between the buyer and MeinEinkauf
AG, St. Gallen (CHE-331.561.017 MWST). This company also handles customs clearance,
Invoicing and delivery in Switzerland. This service is included in the purchase price and any shipping costs.
Included in the calculated shipping costs. In order to ensure a smooth delivery to Switzerland
For reasons of transparency, we inform you that MeinEinkauf GmbH in DEKonstanz also offers
(DE285677365) is integrated into the retail chain. This results in the buyer
No further costs.


AGB Right of withdrawal ,All prices are exclusive of shipping costs and VAT
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